Motion for Court Reporter or Interpreter in Linda Ricks v. Best Buy Co., Inc. d/b/a Minnesota Best Buy Co., Inc.| Trellis.Law

On July 25, 2022 a Party Notice was filed involving a dispute between Ricks, Linda, and Best Buy Co., Inc., for Injury or Damage - Other Injury or Damage in the District Court of Fort Bend County.

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CAUSE NO. 22 295401

LINDA RICKS IN THE DISTRICT COURT OF

FORT BEND COUNTY, TEXAS

BEST BUY CO., INC. D/B/A
MINNESOTA BEST BUY CO., INC. JUDICIAL DISTRICT

NOTICE OF FILING OF REMOVAL

TO THE HONORABLE JUDGE OF THIS COURT:

Defendant Best Buy Co., Inc. (incorrectly identified as “Best Buy Co., Inc. d/b/a

Minnesota Best Buy Co., Inc.”) notice that filed a Notice of Removal of this matter

with the United States District Court for the Southern District of Texas, Division. A

copy of the Notice and all accompanying exhibits are attached to this filing.

Respectfully submitted by,

ALLOWAY OHNSON OMPKINS
MITH

/s/ Adraon D. Greene
Adraon D. Greene
Attorney Charge
State Bar No. 24014533
Federal Bar No. 25029
agreene@gallowaylawfirm.com
Whitney T. Joseph
State Bar No. 24118429
Federal Bar No. 3708325
wjoseph@gallowaylawfirm.com
1301 McKinney, Suite 1400
Houston, Texas 77010
Phone: (713) 599
Fax: (713) 599
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served
by and through the Court approved electronic filing manager via email to participating parties
and/or via hand delivery, facsimile, certified mail return receipt requested and/or U.S. First Class
Mail to all known counsel of record on this 26th day of August, 2022, as follows:

Via E-Service: alan@magenheimlaw.com; ezehnder@magenheimlaw.com
Alan N. Magenheim
Eric T. Zehnder
MAGENHEIM ZEHNDER
3701 Kirby Drive, Suite 913
Houston, Texas 77098
Phone: (713) 526-1700
Fax: (713) 520-1705
ATTORNEYS FOR PLAINTIFF

/s/ Adraon D. Greene
Adraon D. Greene
Whitney T. Joseph

2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LINDA RICKS §
§
v. § CASE NO. __________
§ JURY
BEST BUY CO., INC. D/B/A §
MINNESOTA BEST BUY CO., INC. §

NOTICE OF REMOVAL

PLEASE TAKE NOTICE THAT Defendant Best Buy Co., Inc. (incorrectly identified as

“Best Buy Co., Inc. d/b/a Minnesota Best Buy Co., Inc.” and hereinafter “Best Buy” or

“Defendant”), while fully reserving all rights and defenses, files this Notice of Removal to the

United States District Court for the Southern District of Texas, Houston Division. Removal is

proper under 28 U.S.C. §§1332 and 1441(a) because this is an action over which the United

States District Court for the Southern District of Texas, Houston Division, has original diversity

jurisdiction, as it is an action between citizens of different states and the amount in controversy

exceeds $75,000.00, exclusive of interest and costs. In support of its Notice of Removal,

Defendant respectfully would show as follows:

I. GROUNDS FOR REMOVAL

1. This case is removable to this Court based on diversity jurisdiction under 28

U.S.C. §§1332 and 1441(a).

2. Plaintiff Linda Ricks (hereinafter “Plaintiff”) is a citizen of and an individual

residing in Fort Bend County, Texas.1

3. Defendant Best Buy Co., Inc. is a corporation organized and existing under the

laws of the State of Minnesota. However, as set forth in Defendant’s Verified Denial and

1
See Plaintiff’s Original Petition attached hereto as Exhibit A, at ¶2.1.
Original Answer, Defendant Best Buy Co., Inc. is not a proper party to this lawsuit.

4. As described more fully below, Plaintiff seeks to recover from the Defendant an

amount in excess of $75,000.00, excluding interest and costs, in her state court action.

II. PENDING STATE SUIT

5. On or about July 25, 2022, Plaintiff filed a civil action against Defendant in Cause

No. 22-DCV-295401 styled Linda Ricks v. Best Buy Co., Inc. d/b/a Minnesota Best Buy Co., Inc.

in the 458th Judicial District Court of Fort Bend County, Texas.2

6. According to Plaintiff’s Original Petition, she was injured at Defendant’s store

located at “16980 Southwest Freeway, Sugar Land, Texas 77479” that Defendant allegedly

owned, operated, and maintained.3

7. Plaintiff claims she fell “when her foot caught on tape and/or a loose carpet seam”

in the store at issue, which purportedly caused her to suffer serious personal injuries.4

8. The name and address of the Court from which the case is being removed is:

458th Judicial District Court
Fort Bend County Justice Center
Courtroom 3F
1422 Eugene Heimann Circle
Richmond, Texas 77469

III. STATE COURT DOCUMENTS

9. The following documents are attached to this Notice of Removal:

Exhibit A Plaintiff’s Original Petition.

Exhibit B Notice of Service of Process.

Exhibit C Defendant’s Verified Denial and Original Answer.

Exhibit D An index of matters being filed.

2
See Exhibit A.
3
Id. at ¶4.1.
4
Id.

2
D-1 Copy of the state court Docket Sheet/Record.

D-2 Copy of Citation.

D-3 A list of all counsel of record, addresses, telephone numbers, and
parties.

D-4 Civil Cover Sheet.

IV. TIMING OF REMOVAL

10. Defendant was served with Plaintiff’s Original Petition on August 1, 2022.5 This

Notice of Removal is being filed within 30 days of service of the Original Petition upon

Defendant and is timely filed under 28 U.S.C. §1446(b).

V. JURISDICTION

11. Pursuant to 28 U.S.C. §1332, a defendant has a right to remove a case to federal

court if the case involves a dispute between completely diverse parties and the amount in

controversy, excluding interest and costs, exceeds $75,000.00.

12. Plaintiff has asserted that she seeks monetary relief over $250,000.00 but not

more than $1,000,000.00.6 Based on the allegations in Plaintiff’s Original Petition, this matter is

removable to this Court under 28 U.S.C. §1332 because the amount in controversy, excluding

interests and costs, exceeds $75,000.00.

13. Plaintiff also alleges in her Original Petition that she is a citizen and resident of

Texas.7

14. Defendant Best Buy Co., Inc. is a corporation organized and existing under the

laws of the State of Minnesota. As stated above, Defendant Best Buy Co., Inc. is not a proper

party to this lawsuit.

5
See Notice of Service of Process attached hereto as Exhibit B.
6
See Exhibit A, ¶3.2.
7
Id. at ¶2.1.

3
15. Accordingly, there exists complete diversity of citizenship between Plaintiff and

Defendant under 28 U.S.C. §1332.

VI. VENUE

16. Pursuant to 28 U.S.C. §1441(a), venue for this action is proper in the United

States District Court for the Southern District of Texas, Houston Division, as it is the federal

judicial district that encompasses the 458th Judicial District Court of Fort Bend County, Texas,

where the state action was originally filed.

VII. NOTICE TO ADVERSE PARTIES AND TO STATE COURT

17. As the removing party, Defendant will give Plaintiff prompt written notice of this

Notice of Removal as required by 28 U.S.C. §1446(d).

18. Defendant will also file a copy of this Notice of Removal with the 458th Judicial

District Court of Fort Bend County, Texas, where the state court action is currently pending, as

required by 28 U.S.C. §1446(d).

VIII. ANSWER

19. Defendant timely filed an answer in the state court action. By removing this

action to this Court, Defendant does not waive any defenses, objections or motions available to it

under state or federal law, and will timely file responsive pleadings to Plaintiff’s Original

Petition in this Court as well.

PRAYER

20. For these reasons and in conformity with 28 U.S.C. §1446, Defendant respectfully

removes the civil action styled Linda Ricks v. Best Buy Co., Inc. d/b/a Minnesota Best Buy Co.,

Inc. and bearing Cause No. 22-DCV-295401 on the docket of the 458th Judicial District Court of

Fort Bend County, Texas. Defendant prays for such other and further relief, both general and

4
special, at law and in equity, to which it may show it is justly entitled.

Respectfully submitted by,

/s/ Adraon D. Greene
Adraon D. Greene
Attorney-in-Charge
Federal Bar No. 25029
State Bar No. 24014533
agreene@gallowaylawfirm.com
Whitney T. Joseph
State Bar No. 24118429
Federal Bar No. 3708325
wjoseph@gallowaylawfirm.com
OF COUNSEL:
GALLOWAY, JOHNSON, TOMPKINS
BURR & SMITH
1301 McKinney Suite 1400
Houston, Texas 77010
(713) 599-0700 – Phone
(713) 599-0777 – Fax
ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of August, 2022, a copy of the above and
foregoing was filed electronically with the Clerk of Court using the CM/ECF system, which
will send a notice of electronic filing to all CM/ECF participants. I also certify that I have
forwarded this filing by regular U.S. Mail, postage pre-paid, this same day to all non-CM/ECF
participants.

/s/ Adraon D. Greene
Adraon D. Greene
Whitney T. Joseph

5
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
CT Corporation
Service of Process Notification

CT Log Number 542034179

Service of Process Transmittal Summary

TO: Legal Sop
Best Buy Enterprise Services, Inc.
7601 PENN AVE S
RICHFIELD, MN 55423-3683

Process Served in Texas

FOR: Best Buy Co., Inc. (Domestic State: MN)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

TITLE OF ACTION: Re: LINDA RICKS // To: Best Buy Co., Inc.

DOCUMENT(S) SERVED: Citation, Attachment(s), Original Petition

COURT/AGENCY: 458th Judicial District Court - Fort Bend County, TX
Case # 22DCV295401
NATURE OF ACTION: Personal Injury - Failure to Maintain Premises in a Safe Condition - 08/06/2020

PROCESS SERVED ON: C T Corporation System, Dallas, TX

DATE/METHOD OF SERVICE: By Traceable Mail on 08/01/2022 postmarked on 07/27/2022

JURISDICTION SERVED: Texas

APPEARANCE OR ANSWER DUE: By 10:00 a.m. on the Monday next following the expiration of 20 days after service

ATTORNEY(S)/SENDER(S): Alan N. Magenheim
MAGENHEIM ZEHNDER
3701 Kirby Drive, Suite 913
Houston, TX 77098
713- 529-1700
ACTION ITEMS: CT has retained the current log, Retain Date: 08/02/2022, Expected Purge Date:

Image SOP

Email Notification, Legal Sop ctlegalsop@bestbuy.com

REGISTERED AGENT CONTACT: C T Corporation System
1999 Bryan Street
Suite 900

MajorAccountTeam2@wolterskluwer.com

The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion,
and should not otherwise be relied on, as to the nature of action, the amount of damages, the answer date, or any other
information contained in the included documents. The recipient(s) of this form is responsible for reviewing and interpreting the

Page 1 of 2

EXHIBIT B
CT Corporation
Service of Process Notification

CT Log Number 542034179

included documents and taking appropriate action, including consulting with its legal and other advisors as necessary. CT
disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be
contained therein.

Page 2 of 2

EXHIBIT B
CAUSE NO. -295401

LINDA RICKS § IN THE DISTRICT COURT OF
§
§ FORT BENDCOUNTY, TEXAS
§
BEST BUY CO., INC. D/B/A
MINNESOTA BEST BUY CO., INC. § 458 JUDICIAL DISTRICT

DEFENDANT RIFIEDDENIAL AND ORIGINAL ANSWER

TO THE HONORABLE JUDGE OFTHIS COURT:

CO S NOW Defendant Best Buy Co., Inc. (incorrectly identified as Best Buy Co.,

Inc. d/b/a Minnesota Best Buy Co., Inc.” and hereinafter “Defendant”), and files Verified

Denial and Original Answer to PlaintiffLinda Ricks ’ (hereinaf er Pla ntif ”) Original Petition

follows:

VERIFIED DENIAL

Defendant Best Buy Co., Inc. is not a proper party to this suit, and specifically

denies that it is liable to Plaintiff in any capacity and/or in the capacity in which it has been sued.

GENERAL DEN

Defendant asserts General Denial as authorized by Rule 92 of the Texas Rule

of Civil Procedure, and respectfully requests that the Court and Jury require Plaintiff to prove her

claims, charges and allegations by that standard of evidence as required he Constitution and

Laws of the State of Texas and the Constitution and Laws of the United States of America.

EXHIBIT C
III.
AFFIRMATIVE DEFENSES

Pleading further and in the alternative, Defendant would show that the occurrence

in question, as well as the damages complained of, were proximately caused or legally caused, in

whole or in part, by the acts, omissions, fault, negligence or other conduct of the Plaintiff.

Pleading further and in the alternative, Defendant would show that the occurrence

in question, as well as the damages complained of, were proximately caused or legally caused, in

whole or in part, by the acts, omissions, fault, negligence, intentional criminal actions, or other

conduct of third parties or persons or entities over whom Defendant had no right of control nor

for whom or for which Defendant legally responsible. According y, Defendant entitled to a

jury instruction on new and independent or superseding causes.

Pleading further and in the alternative, Defenda would sh w that in the event it

found liable to Plaintiff, any such liability being expressly denied, Defedant entitled to a

reduction for the negligence, liability, fault or other conduct which is attributable to any other

party in accordance th the Doctrine of Comparative Fault or Causation.

Pleading further and in the alternative, Defendant would show that entitled to

a credit or offset for all monies or consideration paid to Plaintiff by virtue of any type or form of

settlement agreement entered into by and between Plaintiff and any person or entity not a party

to this litigation.

Pleading fur her and in the alternative, Defendant would show that the injuries

and/or damages allegedly sustained by Plaintiff herein were caused, in whole o part, by

occurrences prior or subsequent to the occurrence at issue.

EXHIBIT C
Pleading further and in the alternat ve, Defendant would show that in the event it

found liable to Plaintiff, any such liability being expressly denied, Defendant entitl d to

contribution, credit, and/or indemnity, as provided by applicable laws and statut

Pleading further and in the alternative, Defendant would show that Plaintiff failed

to mitigate herdamages as required under applicable law.

Pleading further and in thealternative, Defendant assert s that Plaintiff’s claims for

damages, if any, were the result solely of an unavoid ble accident and/or unforeseeable condition

and/or open and obvious conditions for which Defendant cannot be held liable.

Further, Defendant sert s the affirmative defenses of accord and satisfaction,

arbitration and award, assumption of the risk, contriutory negligence, release, payment, credit,

offset, and waiver.

Defendant further pleads Chapter 33 of the Texas Civil Practice and Remeies

de and respectfully requests the Court and Jury to consider the relative damages and conduct

of the parties and ll tortfeasors, including the Plaintiff, and accord the Defendant full benefit of

Chapter 33 of the Texas Civil Practice and Remedies Co its subparts. Defendant

entitled to a percentage reduction based upon a determination of the relative fault f all persons

and party joint tortfeasors and a credit and offset for the amount of money paid to Plaintiff by

any alleged joint tortf asorwho is not party to the suit at time of trial.

eading further and in the alternative, Defendant would show that P aintiff’s

injuries and damages are the result of open and obvious conditions and/or risks that Plaintiff

easily could have avoided.

EXHIBIT C
Defendant further invokes the affirmative defense of statute of limitations

asserting that Plaintiff’s claims are time barr d under Section 16.003 of the Texas Civil Practice

and Remedies Code.

Defendant invokes the limitation contained in Section 18.091 of the Texas Civil

Practices and Remedies Code as to the recovery of lost wages or loss of earning capacity.

Defendant furth invokes the limitation contained in Section 41.0105 of the

Texas Civil Practice and Remedies Code as to the recovery of medical and h th care expenses.

Further, Defendant invokes the limitations on punitive damages and prejudgment

interest contained i Sections 41.007 and 41.008 of the Texas Civil Practices and Remedies

Code. Pursuant to Section 41.008 of the Texas Civil Practice nd Remedies Code, such

limitations may not be known to the jury.

Defendant respectfully reserves the right to file an ameded Answer in this case

in the manner authorized by Rules 63 and 66 of the Texas Rules of Civil Procedure.

Defendant respec fully demands a trial by jury on all contested issues of fact.

AYER

Defendant prays that Plaintiff takes nothing, that Defendant be dismissed from this suit

with prejudice and at the Plaintiff’s sole costs, and that Defendant be granted all relief, at law

and in equity, to which Defendant may show that it is justly entitled.

espectfully submitted by,

ALLOWAY OHNSON OMPKINS
URR MITH

/s/ Adraon D. Greene
Adraon D. Greene
State Bar No. 24014533
agreene@gall owaylawf rm.c
itney T. Joseph

EXHIBIT C
State Bar No. 24118429
wjoseph@gallowaylawfirm.com
1301 McKinney, Suite 1400
Houston, Texas 77010
Phone: (713) 599-0700
Fax: (713) 599-0777
ATTORNEYS FOR DEFENDANT

CERTIFICATE OF ERVICE

I hereby certify that a true and correct copy of the foregoing document has been served
by and through the Court approve electronic filing manager via email to participating parties
and/or via hand delivery, facsimile, certified mail return eceit requested and/or U.S. First Class
Mail to all known counsel of record on this 23 day of August, 2022, as follows:

Via E Service:alan@magenheimlaw.com ezehnder@magenheimlaw.com
Alan N. Magenheim
Eric T. Zehnder
AGENHEIM EHNDER
3701 Kirby Drive, Suite 913
Houston, Texas
one: (713) 526-1700
Fax: (713) 520-1705
ATTORNEYS FOR PLAINTIFF

/s/ Adraon D reene
Adraon D. Greene
Whitney T. Joseph

EXHIBIT C
EXHIBIT C
EXHIBIT C
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LINDA RICKS

§ CASE NO.
§ JURY
BEST BUY CO., INC. D/B/A
MINNESOTA BEST BUY CO., INC. §

INDEX

Exhibit A Plaintiff’s Original Petition.

Exhibit B Notice of Service of Process.

Exhibit C Defendants’ Verified Denial and Original Answer.

Exhibit D An index of matters being filed.

D-1 Copy of the state court Docket Sheet/Record.

D-2 Copy of Citation.

D-3 A list of all counsel of record, addresses, telephone numbers, and
parties.

D-4 Civil Cover Sheet.

EXHIBIT D
tylerpaw.fortbendcountytx.gov/PublicAccess/CaseDetail.aspx?CaseID=2201532

22-DCV-295401

Linda Ricks v. Best Buy Co., Inc. d/b/a Minnesota Best Buy Co., Inc.
Case Type:

Answer/Contest/Response/Waiver
Defendant's Verified Denial and Original Answer

Verification

Total Financial Assessment
Total Payments and Credits

Transaction Assessment

EXHIBIT D-1
tylerpaw.fortbendcountytx.gov/PublicAccess/CaseDetail.aspx?CaseID=2201532 1/1
EXHIBIT D-2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LINDA RICKS

§ CASE NO.
§ JURY
BEST BUY CO., INC. D/B/A
MINNESOTA BEST BUY CO., INC. §

COUNSEL OF RECORD

ATTORNEYS FOR PLAINTIFF
Alan N. Magenheim
State Bar No. 12816200
Alan@magenheimlaw.com
Eric T. Zehnder
State Bar No. 24079627
zehnder@magenheimlaw.com
AGENHEIM EHNDER
3701 Kirby Drive, Suite 913
Houston, Texas 77098
Telephone (713) 529-1700
Facsimile (713 520-1705

ATTORNEYS FOR DEFENDANT
Adraon D. Greene
Attorney- Charge
State Bar No. 24014533
Federal Bar No. 25029
agreene@gallowaylawfirm.com
Whitney T. Joseph
State Bar No. 24118429
Federal Bar No. 3708325
wjoseph@gallowaylawfirm.com
ALLOWAY OHNSON OMPKINS URR MITH
1301 McKinney, Suite 1400
Houston, Texas 77010
Telephone (713) 599-0700
Facsimile (713) 599-0777

EXHIBIT D-3

Case Info

Case No.

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Document Filed Date

August 26, 2022

Case Filing Date

July 25, 2022

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Party Notice: Linda Ricks v. Best Buy Co., Inc. d/b/a Minnesota Best Buy Co., Inc.

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